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Bergenfield, NJ Rental Property Rules: Rent Increase Notice (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Borough Code § 240-5B
Notice method
Certified mail to tenant
Report deadline
20 days after increase takes effect (§ 240-7)
Disputed increase status
Frozen pending Rent Leveling Board hearing
Surcharge notice window
14 business days before hearing (§ 240-6)

Summary

Before raising rent, a Bergenfield landlord must notify the tenant by certified mail of exactly how the increase was calculated under § 240-5B, including the current rent, the allowable percentage, and the resulting new rent. Landlords must also file an updated report with the Rent Leveling Board within 20 days after the increase takes effect.

§ 240-5. Cost of living increase. ... B. Any landlord seeking an increase in rent shall notify the tenant by certified mail of the calculations involved in computing the increase, including the current rent, the allowable percentage increase, and the allowable rental increase. Such landlord, no later than 20 days after the date the increase in rent has taken effect, shall submit an updated monthly report pursuant to § 240-7. In the event the Rent Leveling Board determines that such increase shall be in violation of this section, it shall notify the landlord and the tenant in writing of its determination and fix a date for a hearing with reference to this issue. The rent increase in question shall be frozen upon issuance of said notice and shall remain frozen until the conclusion of such hearing.

Full Breakdown

Section 240-5B of the Rent Control chapter requires a landlord seeking a rent increase to notify the tenant, by certified mail, of the calculations behind the increase: the current rent, the allowable percentage increase (capped at 4% under § 240-5A), and the resulting allowable rental increase in dollars. The same subsection requires the landlord to submit an updated monthly report to the Rent Leveling Board, under § 240-7, no later than 20 days after the increase takes effect. If the Rent Leveling Board determines the increase violates the chapter, it must notify both the landlord and the tenant in writing and set a hearing date; critically, the disputed portion of the increase is frozen from the moment that notice issues and stays frozen until the hearing concludes, so a tenant is never forced to pay a contested increase while the dispute is pending.

Surcharge notices carry their own, stricter timeline: a landlord seeking a hardship, major-capital-improvement or tax surcharge under § 240-6 must notify each affected tenant by certified mail at least 14 business days before the Board hearing, attach a complete copy of the surcharge application, and supply the Board with a notice log documenting when each tenant received notice, at least five business days before the Board considers the application.

Violations & Fines

Any rent increase taken without the required certified-mail notice, or any increase above 4% of base rent, is void upon the tenant's successful complaint to the Rent Leveling Board under § 240-5C and § 240-9. A landlord who proceeds with an unnoticed or oversized increase risks having the entire increase invalidated and frozen pending a Board hearing, in addition to any Municipal Court action the Rent Leveling Secretary initiates as enforcement officer.

Frequently Asked Questions

How must a Bergenfield landlord notify a tenant of a rent increase?
Section 240-5B requires certified-mail notice showing the calculation behind the increase: the current rent, the allowable percentage, and the resulting allowable increase. The landlord must then file an updated report with the Rent Leveling Board within 20 days after the increase takes effect, under § 240-7.
What happens if a Bergenfield landlord raises rent without proper notice?
An increase taken without the required certified-mail notice, or above the 4% cap, is voidable on the tenant's complaint to the Rent Leveling Board. Once the Board issues notice of a possible violation, the disputed increase is frozen and stays frozen until the Board holds a hearing and decides the issue.
Is there separate notice for a rent surcharge in Bergenfield?
Yes. A landlord seeking a hardship, capital-improvement or tax surcharge under § 240-6 must notify each affected tenant by certified mail at least 14 business days before the Board hearing, attach the full application, and give the Board a notice log at least five business days ahead of its review.

Sources & Official References

Other rules in Bergenfield

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